An Individual with a Disability is defined as a person who: 1) has a physical or mental impairment that substantially limits one or more of such person’s major life activities; 2) has a record of such an impairment; or 3) is regarded as having such an impairment. (29 CFR 1630.2(g))
Major Life Activities include caring for one’s self, walking, seeing, hearing, speaking, breathing, learning, and working. (29 CFR 1630.2(h)(2)(i))
Qualified Individual with a Disability means an individual with a disability who satisfies the requisite skill, experience, education, and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position. (29 CFR 1630.2 (m))
A Reasonable Accommodation is an adjustment or alteration that enables a qualified person with a disability to apply for a job, perform job duties, or enjoy benefits and privileges of employment. There are three categories of reasonable accommodations:
- Modifications or adjustments to a job application process to permit an individual with a disability to be considered for a job (such as providing application forms in alternative formats like large print or Braille)
- Modifications or adjustments to enable a qualified individual with a disability to perform the essential functions of the job (such as providing sign language interpreters)
- Modifications or adjustments that enable employees with disabilities to enjoy equal benefits and privileges of employment (such as removing physical barriers in an organization’s criteria). (29 CFR 1630.2(o))
Undue Hardship is an action requiring significant difficulty or expense on the part of the agency, when considered in light of factors such as the agency’s size, financial resources, and the nature and structure of the position. Determination of undue hardship is always made on a case-by-case basis. (29 CFR 1630.2 (p))
Sections 504 and 508 of the Rehabilitation Act: Responsibilities and How to File a Complaint
Responsibilities under Section 504 and Section 508 can overlap. However, agencies must comply with both provisions when distributing information.
Section 504 requires agencies to provide individuals with disabilities an equal opportunity to participate in their programs and benefit from their services, including the provision of information to employees and members of the public.
For information on how to file a complaint of discrimination, please refer to the Interim Procedures for Reasonable Accommodations and RA Request Form (A or B).
Section 508 requires that any electronic and information technology used, maintained, developed, or procured by the federal government allow persons with disabilities comparable access to information and technology. This applies to persons with disabilities who use assistive technology to read and navigate electronic materials.
An individual with a disability who wishes to file a complaint of noncompliance with Section 508 of the Rehabilitation Act of 1973, must send a signed, written complaint within 180 days of the incident that gave rise to the complaint, to the following address:
Department of the Treasury
Director, Office of Civil Rights and Diversity
1500 Pennsylvania Avenue, NW
Washington, DC 20220
The complaint should include sufficient details of the alleged section 508 violation to enable the Office of Equal Opportunity and Diversity to understand what occurred, where and when it occurred and the responsible Treasury organization, if known. If accepted for investigation, the appropriate bureau will investigate the complaint and attempt resolution. If no resolution is achieved, the bureau will forward the findings to the Department. A letter of findings will be issued, notifying the complainant of the results of the investigation, and providing administrative appeal procedures. Any appeal of the decision will be made to the deputy assistant secretary for human resources and chief human capital officer.